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    Acts of Lasciviousness (Criminal Law Book 2)

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    Jey Rhy
    This document discusses and compares the crimes of acts of lasciviousness under Article 336 and Article 339 of the Revised Penal Code of the Philippines. It provides the elements and circumstances for acts of lasciviousness with the consent of the offended party under Article 339. Key points covered include that the offended party must be a female, the acts must be committed through abuse of authority or deceit, and consent is not a defense if obtained under these conditions. The penalty is also higher if the victim is under 12 years old.

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    Acts of Lasciviousness (Criminal Law Book 2)

    Uploaded by

    Jey Rhy
    119 views2 pages
    This document discusses and compares the crimes of acts of lasciviousness under Article 336 and Article 339 of the Revised Penal Code of the Philippines. It provides the elements and circumstances for acts of lasciviousness with the consent of the offended party under Article 339. Key points covered include that the offended party must be a female, the acts must be committed through abuse of authority or deceit, and consent is not a defense if obtained under these conditions. The penalty is also higher if the victim is under 12 years old.

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    8. Acts of Lasciviousness (Criminal Law Book 2)

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    This document discusses and compares the crimes of acts of lasciviousness under Article 336 and Article 339 of the Revised Penal Code of the Philippines. It provides the elements and circumstances for acts of lasciviousness with the consent of the offended party under Article 339. Key points covered include that the offended party must be a female, the acts must be committed through abuse of authority or deceit, and consent is not a defense if obtained under these conditions. The penalty is also higher if the victim is under 12 years old.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    119 views2 pages

    Acts of Lasciviousness (Criminal Law Book 2)

    Uploaded by

    Jey Rhy
    This document discusses and compares the crimes of acts of lasciviousness under Article 336 and Article 339 of the Revised Penal Code of the Philippines. It provides the elements and circumstances for acts of lasciviousness with the consent of the offended party under Article 339. Key points covered include that the offended party must be a female, the acts must be committed through abuse of authority or deceit, and consent is not a defense if obtained under these conditions. The penalty is also higher if the victim is under 12 years old.

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    © All Rights Reserved
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    of 2

    Acts of Lasciviousness with the Consent of the

    Offended Party

    Art. 339. Acts of lasciviousness with the consent of the offended party. — The penalty of arresto
    mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons
    and the same circumstances as those provided in Articles 337 and 338. (Revised Penal Code)

    What are the elements of acts of lasciviousness with the consent of the offended
    party?

    Elements:

    1. That the offender commits acts of lasciviousness or lewdness

    2. That the acts are committed upon a woman who is a

    a. virgin or single or widow of good reputation, over 12 but under 18, or


    b. a sister or a descendant regardless of her reputation or age

    3. That the offender accomplishes the acts by abuse of authority, confidence, relationship,
    or deceit.

    Can a male be an offended party in this crime?

    Male cannot be the offended party in this crime because unlike Art. 336, Art. 339 does not
    mention “persons of wither sex” as the offended party.

    A, a 16-year old girl, and B were lovers. While they were in the theater, B kissed A,
    touched her breast, including her private parts with the consent of A. Was B guilty
    of acts of lasciviousness with the consent of the offended party under Art. 339?

    No. In order that the crime of acts of lasciviousness with the consent of the offended party
    may be committed, it is necessary that the crime is committed under the circumstances
    which would make it qualified or simple seduction had there been sexual intercourse,
    instead of acts of lewdness only. B did not accomplish the act by abuse of authority,
    confidence, relationship, or deceit. (Reyes, The Revised Penal Code)

    ● The offended woman may have consented to the acts of lasciviousness being performed
    by the offender on her person, but the consent is obtained by abuse of authority, confidence,
    relationship or by means of deceit. (Reyes, The Revised Penal Code)

    What is the penalty when victim is under 12 years of age?

    The penalty is one degree higher than that imposed by law when the victim is under 12
    years of age (Sec. 10, RA No. 7610)

    Art. 336 vs. Art. 339

    Acts of Lasciviousness Acts of Lasciviousness w/ Consent


    (Art. 336) (Art. 339)
    Committed under circumstances Committed under circumstances which,
    which, had there been carnal had there been carnal knowledge,
    knowledge, would amount to rape would amount to either qualified or
    simple seduction
    Offended party is a female or male Offended party should only be female

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